Resolution 2012-24 Resolution No. 2012-124
A RESOLUTION APPROVING A LIMITED ENVIRONMENTAL INDEMNITY
AGREEMENT WITH EQUILON ENTERPRISES LLC DOING BUSINESS AS
SHELL OIL PRODUCTS US LLC
(Southwest corner of South Bridge Street and Route 71)
Whereas, the United City of Yorkville (the "City") is a duly organized and
validly existing non home-rule municipality created in accordance with the Constitution
of the State of Illinois of 1970 and the laws of the State; and,
WHEREAS, the property located at the southwest corner of South Bridge Street
and Route 71 has been used over a period of time for commercial or industrial purposes;
and,
WHEREAS, because of said use, concentrations of certain chemical constituents
in the groundwater beneath the United City of Yorkville may exceed Class I groundwater
quality standards for potable resource groundwater as set forth in 35 Illinois
Administrative Code 620 or Tier 1 remediation objectives as set forth in 35 Illinois
Administrative Code 742; and,
WHEREAS, the United City of Yorkville desires to limit the potential liability of
the City by entering into a Limited Environmental Indemnity Agreement with Equilon
Enterprises LLC the owner of the property.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the United
City of Yorkville, Kendall County, Illinois, as follows:
Section 1. That the LIMITED ENVIRONMENTAL INDEMNITY AGREEMENT,
between Equilon Enterprises LLC d/b/a Shell Oil Products US LLC and the City attached
hereto as Exhibit A and made a part hereof by reference, is hereby approved, and Gary J.
Golinski, Mayor, is hereby authorized to execute said Agreement on behalf of the United
City of Yorkville.
Section 2. This Resolution shall be in full force and effect upon its passage and
approval as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this day of fe , A.D. 2012.
CITY CLERK
Resolution No. 2012-0�'q
Page 1
ROSE ANN SPEARS DIANE TEELING
KEN KOCH JACKIE MILSCHEWSKI
1/
CARLO COLOSIMO \l MARTY MUNNS
�l
CHRIS FUNKHOUSER LARRY KOT
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this 5 day of 02'7-08&2 2012.
/tw/Vjz' —
M#IR
Resolution No. 2012-cQ4
Page 2
LIMITED ENVIRONMENTAL INDEMNITY AGREEMENT
This LIMITED ENVIRONMENTAL INDEMNITY AGREEMENT (the" Agreement") is
entered into as of the 31 day of Deeem�K, 2012, by Equilon Enterprises LLC d/b/a Shell Oil
Products US LLC ("Indemnitor") and the United City of Yorkville, Kendall, Illinois (the "City").
RECITALS
A. WHEREAS, Indemnitor was the owner of certain real property located at 2001 Bridge
Street, Yorkville, IL (the "Property") and legally described in Exhibit A; and
B. WHEREAS, an underground storage tank system, as defined in 40 CFR Part 280 or
supplanting federal regulations, owned by Indemnitor or its predecessor in interest ("UST
System"), was present on the Property; and
C. WHEREAS, releases to the environment of petroleum hydrocarbons, including gasoline
additives, has occurred in the past at the Property. Used/waste oil and hydraulic oil may be present
on the Property. (All of the previously mentioned compounds and those identified in TACO
modeling calculations for the groundwater contamination identified at the Property are hereby
collectively referred to as "Compounds of Concern".) As a result of said releases, the groundwater
at the Property contains detectable concentrations of Compounds of Concern. The groundwater
impacted by Compounds of Concern extends beyond the Property. The Illinois Emergency
Management Agency has assigned incident number 20081143 to the release at the Property; and
D. WHEREAS, Indemnitor desired to limit any potential threat to human health from
groundwater impacted with the Compounds of Concern and requested that the City enact a limited
area groundwater ordinance that prohibited the installation of new groundwater wells for potable
water supply in an area adjacent to and including the Property, and
E. WHEREAS, Indemnitor has requested the City to adopt a limited area groundwater
ordinance (the "LGWO") which would prevent the use of groundwater as a potable water source in
the area as defined and depicted in the proposed LGWO; and
F. WHEREAS, the proposed LGWO is attached hereto as Exhibit B showing the area
subject to this Agreement shall be the area in, under and adjacent to the Property which is within the
jurisdiction of the City; and
G. WHEREAS, as a condition of adopting the LGWO, the City has requested Indemnitor
enter into this Agreement to address potential issues that may arise during Construction activities by
the City in the LGWO area,
NOW, THEREFORE, in consideration of the terms and covenants contained herein
including the recitals set forth hereinbefore, and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged,the parties agree as follows:
1
1. This Agreement is not binding upon the City until it is executed by the undersigned
representative of the City and, prior to execution, this Agreement constitutes an offer by Indemnitor.
The duly authorized representative of Indemnitor has signed this Agreement, and this Agreement is
binding upon Indemnitor, its successors and assigns.
2. The City agrees that it will adopt the LGWO provided, however, that if the City does not
adopt the LGWO or rescinds the LGWO, this Agreement shall be deemed null and void, and neither
party shall have any further recourse against the other pursuant to this Agreement. Nothing
contained in this Agreement shall be construed as an admission of liability by Indemnitor for any
environmental condition at or adjacent to the Property but, if approved by the City, Indemnitor will
undertake the activities set forth herein irrespective of this non admission. No breach by the City,
its agents, trustees, employees and its successors in interest of a provision of this Agreement is
actionable in law or equity by Indemnitor against the City, and Indemnitor hereby releases the City
and City Affiliates (as defined below) from any cause of action it may have against them arising
under this Agreement or Environmental Laws (as defined below), regulations or common law.
3. Indemnitor on behalf of itself, its successors and assigns shall covenant and agree, at its
sole cost and expense, to indemnify, defend and hold the City and the City's former, current and
future officials, trustees, officers, servants, employees, agents, successors and assigns (collectively
"City Affiliates"), both in their capacities as City representatives and as individuals, harmless from
and against any loss, actions, responsibilities, obligations, liability, damage, expenses, claims
(whether asserted or unasserted, direct or indirect, existing or inchoate, known or unknown, having
arisen or to arise in the future), penalties, fines, injunctions, suits (including but not limited to suits
alleging or related to personal injury and/or death), proceedings, disbursements or expenses
(including, all reasonable attorneys' and experts' fees and disbursements and court costs)
(collectively, the "Liabilities"), arising under or relating to any Environmental Laws (as defined
below), or any other Liabilities which may be incurred by or asserted against any of the City
Affiliates resulting or arising from, alleged to arise from, or caused by, in whole or in part, from the
presence of Hazardous Material (as defined below) on, in or from the Property (including the
groundwater thereunder) and/or any condition of any property (including groundwater) or surface
water alleged to have been caused by the migration, transportation, release or threatened release of
Hazardous Materials on or from the Property.
Indemnitor shall assume the defense of all suits, administrative proceedings and disputes of
any description with all persons, entities, political subdivisions or government agencies arising out
of the matters to be indemnified under this Agreement. Indemnitor shall pay, promptly upon entry,
any nonappealable order, judgment or other final resolution of any claim or dispute arising out of
the matters to be indemnified under this Agreement and shall pay promptly when due any fines,
penalties or agreed settlements arising out of the matters to be indemnified under this Agreement.
In the event that such payment is not made, the City or any City Affiliate, at their sole discretion,
may proceed to file suit against the Indemnitor to compel such payment. Indemnitor also agrees
that it will not settle or compromise any action, suit or proceeding without the City's prior written
consent, which consent shall not be unreasonably withheld.
For purposes of this Agreement, "Hazardous Materials" means and includes Compounds
of Concern or those chemicals or substances which are or were commonly used at The Property
2
which are defined as hazardous, special or toxic materials, substances or waste under any
Environmental Law. "Environmental Laws" collectively means and includes any present and
future local, state, federal or international law, statute, ordinance, order, decree, rule, regulation or
treaty relating to public health, safety or the environment (including those laws relating to releases,
discharges, emissions or disposals to air, water, land or groundwater, to the withdrawal or use of
groundwater, to the use, handling, storage, disposal, treatment, transportation or management of
Hazardous Materials) including, without limitation, the Resource Conservation and Recovery Act,
as amended ("RCRA"), 42 U.S.C. §6901, et seq., the Comprehensive Environmental Response,
Compensation and Liability Act ("CERCLA"), 42 U.S.C. §9601, et seq., as amended by the
Superfund Amendments and Reauthorization Act of 1986 ("SARA"), the Hazardous Materials
Transportation Act, 49 U.S.C. §1801, et sea., the Clean Water Act, 33 U.S.C. §1251, et seq., the
Clean Air Act, as amended, 42 U.S.C. §7401, et seq., the Toxic Substances Control Act, 15 U.S.C.
§2601, et seq., the Safe Drinking Water Act, 42 U.S.C. §300f, et seq., the Occupational Safety and
Health Act, 29 U.S.C. §655, et seq., the Federal Insecticide, Fungicide and Rodenticide Act, 7
U.S.C. §136, et seq., the National Environmental Policy Act, 42 U.S.C. §4321, et seq., the
Emergency Planning and Community Right-to-Know Act, 42 U.S.C. §11001, et seq., and the
Illinois Environmental Protection Act, and the amendments, regulations, orders, decrees, permits,
licenses or deed restrictions now or hereafter promulgated thereunder.
In addition to the indemnity provided above, if the City or City Affiliates encounter
Hazardous Materials while working in, on or under the LGWO Area or encounter Hazardous
Materials migrating from the Property, the City has the right to remove contaminated soil or
groundwater above Tier 1 residential remediation objectives (as set forth in the Tiered Approach to
Cleanup Objectives, Title 35, Part 742) from the area it is working and intends to do work and to
dispose of them as it deems appropriate not inconsistent with applicable Environmental Laws so as
to avoid causing a further release of the Hazardous Materials and to protect human health and the
environment. If Hazardous Materials are found anywhere within the boundaries of the proposed
LGWO, there is a rebuttable presumption that the Hazardous Materials migrated from and are
attributable to the Property.
Prior to taking any action noted above, the City will first give Indemnitor not less than sixty
(60) days prior written notice, unless there is an emergency or an immediate threat to the health or
safety to any individual or to the public, that it intends to perform a site investigation and remove or
dispose of contaminated soil or groundwater to the extent necessary for its work. Failure to give
notice is not a violation of this Agreement. The removal or disposal shall be based upon the site
investigation (which may be modified by field conditions during excavation), which Indemnitor
may review or may perform. If practicable, Indemnitor shall be allowed to remove and dispose of
the contaminated soil and/or groundwater necessary for the City's work in advance of that work. In
any event, Indemnitor shall reimburse the reasonable incremental costs incurred by the City to
perform the site investigation and to dispose of any contaminated soil or groundwater. The parties
understand and agree that the City's soil and groundwater removal will be in conjunction and/or
associated with other work being done by the City in, on, under or near the Property, and part of the
purpose of this paragraph is that if the City encounters contaminated soil and/or groundwater while
working on its utilities, or on a municipal project or otherwise, City will not be responsible in any
way for the cost associated with encountering, removing and/or disposing of the contaminated soil
and/or groundwater. In addition, it is specifically understood and agreed between the parties that
3
the City will not be identified at any time, in any place, document or manifest as the owner,
generator or transporter of contaminated soil or groundwater taken from the Property. If asked,
Indemnitor will cooperate with the City in the removal and disposal of such soil and groundwater
and will sign all necessary documents and manifests for the proper transportation and disposal of
the soil and/or groundwater.
4. This Agreement is intended by the parties hereto to be limited to claims, costs, expenses,
causes of action, penalties, Liabilities, losses and damages actually sustained and incurred by the
City Affiliates or for which the City Affiliates are found to be legally liable that arise as a
consequence of Hazardous Materials that were released or alleged to be released into the
environment from the Property within the LGWO Area. In order to assist City in its consideration of
the provisions of this Agreement, Indemnitor also agrees it will reimburse City its reasonable
attorneys' fees incurred in the review of this Agreement and the attached LGWO and incurred to
defend any lawsuits and/or claims brought against the City that arise as a consequence of the
hazardous materials that were released or alleged to be released into the environment from the
Property within the LGWO area.
5. Any notice required or permitted to be given to either party shall be deemed to be
received by such party (i) three (3) days after deposit in the United States Registered or Certified
Mail, Return Receipt Requested, or (ii) one (1) business day after deposit with a nationally
recognized overnight delivery service guaranteeing next business day delivery, or (iii) upon
personal delivery to the party to whom addressed provided that a receipt of such delivery is
obtained, or (iv) on the same business day as transmitted and confirmed by telecopy provided that a
confirmation copy is concurrently deposited in United States Certified or Registered Mail, Return
Receipt Requested. Such notices shall be addressed to the parties at the following addresses:
If to Indemnitor: John Robbins
Environmental Program Manager
Shell Oil Products US
20945 S. Wilmington Avenue
Carson CA 90810
Phone: 815-468-8824
Fax: 713-423-0544
If to the City: City Administrator
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
with a copy to: Kathleen Field Orr&Associates
53 West Jackson Blvd. Suite 935
Chicago, Illinois 60604
ATTN: Kathleen Orr
4
or to the parties at such other addresses or telecopy numbers as they may designate by notice to the
other party as herein provided.
6. This Agreement has been made and delivered in Illinois and shall be construed according
to and governed by the internal laws of the State of Illinois without regard to its conflict of law
rules. If any provision hereof shall be held invalid, prohibited or unenforceable under any
applicable laws of any applicable jurisdiction, such invalidity, prohibition or unenforceability shall
be limited to such provision and shall not affect or invalidate the other provisions hereof or affect
the validity or enforceability of such provision in any other jurisdiction, and to that extent, the
provisions hereof are severable. Whenever possible, each provision of this Agreement shall be
interpreted in such a manner as to be effective and valid under applicable law.
7. Failure of the City to require performance of any provision of this Agreement shall not
affect the City's right to require full performance thereof at any time thereafter, and the waiver by
the City of a breach of any provision of this Agreement shall not constitute or be deemed a waiver
of a similar breach in the future, or any other breach, or nullify the effectiveness of such provisions
of this Agreement. The rights and remedies of the City of this Agreement are cumulative. The
exercise or use of any one or more thereof shall not bar the City from exercise or use of any other
right or remedy provided herein or otherwise provided by law, nor shall exercise or use of any right
or remedy by the City waive any other right or remedy.
8. This Agreement shall be binding upon the Indemnitor and the successors and assigns for
so long as the LGWO is required by Indemnitor as an Institutional Control as defined by the
Environmental Laws. Provided, however, Indemnitor's duty to indemnify City shall survive if the
Liabilities are incurred during the effective period of the LGWO. No transfer of Indemnitor's rights
or obligations hereunder shall be made without the prior written approval of the City's Board of
Trustees, which approval shall not be unreasonably withheld or conditioned.
9. This Agreement constitutes the entire agreement of the parties hereto with respect to the
subject matter hereof. This Agreement may not be amended, modified, revised, supplemented or
restated except by a writing signed by each of the parties hereto. In construing this Agreement or
determining the rights of the parties hereunder, no party shall be deemed to have drafted or created
this Agreement or any portion thereof.
10. The executing representatives of the parties to this Agreement represent and certify that
they are fully authorized to enter into the terms and conditions of this Agreement and to execute and
legally bind that party to it.
5
IN WITNESS WHEREOF, the parties have executed this Limited Environmental Indemnity
Agreement as of the day, month and year first above written.
UNITED CITY OF YO VILLE EQUILON ENTERPRISES LLC, d/b/a
SHEL OILPRODUCTS US
By: By:
Name: J• C DLI 4641 Name: W.E. Platt III
Title: M A x/012 Title: Claims Manager
6
EXHIBIT A
LEGAL DESCRIPTION:
PARCEL ONE:
THAT PART OF THE SOUTHEAST 1/4 OF SECTION 5 AND THE NORTHEAST 1/4 OF SECTION 8,
TOWNSHIP 36 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS
FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 8; THENCE
SOUTHERLY ALONG THE EAST LINE OF SAID SECTION 8,A DISTANCE OF 569.2 FEET TO THE
CENTER LINE OF ILLINOIS ROUTE 47; THENCE NORTHWESTERLY ALONG SAID CENTER LINE
OF ILLINOIS ROUTE 47 TO THE CENTER LINE OF ILLINOIS ROUTE 71; THENCE
SOUTHWESTERLY ALONG SAID ILLINOIS ROUTE 71 CENTER LINE,BEING A CURVED LINE
CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 7,639.49 FEET FOR AN ARC DISTANCE
OF 431.45 FEET WITH AN ASSUMED CHORD BEARING OF SOUTH 83 DEGREES 40 MINUTES 20
SECONDS WEST AND A CHORD DISTANCE OF 431.39 FEET; THENCE SOUTH 14 DEGREES 41
MINUTES 22 SECONDS EAST, A DISTANCE OF 58.33 FEET TO THE SOUTHERLY RIGHT OF WAY
LINE OF ILLINOIS ROUTE 71, FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH
14 DEGREES 41 MINUTES 22 SECONDS EAST, A DISTANCE OF 248.92 FEET TO A POINT
LOCATED 302.84 FEET RADIALLY AND SOUTHERLY OF THE CENTER LINE OF ILLINOIS
ROUTE 71 FROM A POINT ON SAID CENTER LINE AT AN ARC DISTANCE OF 380.0 FEET
SOUTHWESTERLY OF SAID INTERSECTION OF ILLINOIS ROUTE 71 AND ILLINOIS ROUTE 47;
THENCE SOUTH 54 DEGREES 39 MINUTES 41 SECONDS EAST,A DISTANCE OF 200.0 FEET;
THENCE NORTH 77 DEGREES 11 MINUTES 59 SECONDS EAST,A DISTANCE OF 268.90 FEET TO
THE WESTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 47; THENCE NORTHWESTERLY
ALONG THE WESTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 47, BEING A CURVED LINE
CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 1970.08 FEET FOR AN ARC DISTANCE
OF 162.78 FEET WITH A CHORD BEARING OF NORTH 22 DEGREES 32 MINUTES 48 SECONDS
WEST,WITH A CHORD DISTANCE OF 162.73 FEET;THENCE NORTH 54 DEGREES 52 MINUTES
44 SECONDS WEST ALONG THE SOUTHWESTERLY ANGLED RIGHT OF WAY LINE BETWEEN
ILLINOIS ROUTES 47 AND 71,A DISTANCE OF 290.69 FEET TO THE SOUTHERLY RIGHT OF
WAY LINE OF ILLINOIS ROUTE 71; THENCE SOUTH 83 DEGREES 44 MINUTES 46 SECONDS
WEST ALONG THE SOUTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 71, A DISTANCE OF
189.45 FEET TO THE POINT OF BEGINNING,ALL IN KENDALL COUNTY, ILLINOIS.
PARCEL TWO:
EASEMENT FOR INGRESS AND EGRESS CREATED BY AGREEMENT RECORDED AUGUST 11,
1994 AS DOCUMENT 9408165 AND GRANTED IN DEED RECORDED AUGUST 11, 1994 AS
DOCUMENT 9408167 MADE BY SHELL OIL COMPANY AND THOMAS AND EDITH HUGHES FOR
THE BENEFIT OF PARCEL ONE OVER THAT PART OF THE SOUTHEAST 1/4 OF SECTION 5 AND
THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 36 NORTH, RANGE 7, EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST
CORNER OF SAID SECTION 8; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID
SECTION 8,A DISTANCE OF 569.2 FEET TO THE CENTER LINE OF ILLINOIS ROUTE 47;THENCE
NORTHWESTERLY ALONG SAID CENTER LINE OF ILLINOIS ROUTE 47 TO THE CENTER LINE
OF ILLINOIS ROUTE 71; THENCE SOUTHWESTERLY ALONG SAID ILLINOIS ROUTE 71 CENTER
LINE, BEING A CURVED LINE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 7,639.49
FEET FOR AN ARC DISTANCE OF 431.45 FEET WITH AN ASSUMED CHORD BEARING OF
SOUTH 83 DEGREES 40 MINUTES 20 SECONDS WEST AND A CHORD DISTANCE OF 431.39
FEET;THENCE SOUTH 14 DEGREES 41 MINUTES 22 SECONDS EAST,A DISTANCE OF 58.33
7
FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 71, FOR THE POINT OF
BEGINNING;THENCE CONTINUING SOUTH 14 DEGREES 41 MINUTES 22 SECONDS EAST,A
DISTANCE OF 248.92 FEET TO A POINT LOCATED 302.84 FEET RADIALLY AND SOUTHERLY
OF THE CENTER LINE OF ILLINOIS ROUTE 71 FROM A POINT ON SAID CENTER LINE AT AN
ARC DISTANCE OF 380.0 FEET SOUTHWESTERLY OF SAID INTERSECTION OF ILLINOIS
ROUTE 71 AND ILLINOIS ROUTE 47; THENCE SOUTH 54 DEGREES 39 MINUTES 41 SECONDS
EAST,A DISTANCE OF 200.0 FEET; THENCE NORTH 77 DEGREES 11 MINUTES 59 SECONDS
EAST, A DISTANCE OF 268.90 FEET TO THE WESTERLY RIGHT OF WAY LINE OF ILLINOIS
ROUTE 47; THENCE SOUTHEASTERLY ALONG SAID WESTERLY RIGHT OF WAY LINE,BEING
A CURVED LINE CONCAVE TO THE NORTHEAST HAVING A RADIUS 1970.08 FEET FOR AN
ARC DISTANCE OF 30.74 FEET WITH A CHORD BEARING OF SOUTH 25 DEGREES 21 MINUTES
38 SECONDS EAST AND A CHORD DISTANCE OF 30.74 FEET; THENCE SOUTH 77 DEGREES 11
MINUTES 59 SECONDS WEST, A DISTANCE OF 268.96 FEET;THENCE NORTH 54 DEGREES 39
MINUTES 41 SECONDS WEST,A DISTANCE OF 247.66 FEET; THENCE NORTH 14 DEGREES 41
MINUTES 22 SECONDS WEST,A DISTANCE OF 248.61 FEET TO THE SOUTHERLY RIGHT OF
WAY LINE OF SAID ILLINOIS ROUTE 71; THENCE NORTH 83 DEGREES 44 MINUTES 46
SECONDS EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE,A DISTANCE OF 45.49 FEET
TO THE POINT OF BEGINNING,ALL IN KENDALL COUNTY, ILLINOIS.
Tax Parcel ID No(s). 05-08-227-004-0000; and 05-05-400-020-0000
Address: 2001 Bridge St., Yorkville, IL 60660-9783 116824/1277/6716
8
EXHIBIT B
See attached Limited Area Groundwater Ordinance
9
211-111 -230 0 -0 0 0- C-,a
RECORDRI: 1/9/2013 9:53 An
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52.00
PAGES: 7
UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2012-30
AN ORDINANCE PROHIBITING THE USE OF GROUNDWATER AS A POTABLE
WATER SUPPLY BY THE INSTALLATION OR USE OF POTABLE WATER SUPPLY
WELLS OR BY ANY OTHER METHOD AT OR WITHIN THE AREA DESIGNATED
ON EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
(Southwest comer of South Bridge Street and Route 71)
Passed by the City Council of the
United City of Yorkville,Kendall County,Illinois
This 25t"day of September, 2012
Prepared by and Return to:
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County, Illinois on October 11, 2012.
Ordinance No. 2012--ZL
AN ORDINANCE PROHIBITING THE USE OF GROUNDWATER AS A POTABLE
WATER SUPPLY BY THE INSTALLATION OR USE OF POTABLE WATER SUPPLY
WELLS OR BY ANY OTHER METHOD AT OR WITHIN THE AREA DESIGNATED
ON EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
(Southwest corner of South Bridge Street and Route 71)
WHEREAS, certain properties in the United City of Yorkville, Illinois have been
used over a period of time for commercial or industrial purposes; and
WHEREAS,because of said use, concentrations of certain chemical constituents in the
groundwater beneath the United City of Yorkville may exceed Class I groundwater quality
standards for potable resource groundwater as set forth in 35 Illinois Administrative Code 620 or
Tier 1 remediation objectives as set forth in 35 Illinois Administrative Code 742; and
WHEREAS,the United City of Yorkville desires to limit potential threats to human health
from groundwater contamination while facilitating the redevelopment and productive use of
properties that are the source of said chemical constituents;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the United City of
Yorkville, Kendall County, Illinois, as follows:
Section 1. Use of groundwater as a potable water supply prohibited
Except for such uses or methods in existence before the effective date of this ordinance, the use of,
or attempted use of, groundwater from within the corporate limits of the United City of Yorkville
in that area of the United City of Yorkville as depicted on Exhibit A attached hereto and made a
part hereof adjacent to the southeast corner of South Bridge Street and Route 71, as a potable
water supply,by the installation or drilling of wells or by any other method, is hereby prohibited.
This prohibition expressly includes the United City of Yorkville.
Section 2. Penalties
Any person violating the provisions of this ordinance shall be subject to a fine of up to seven
hundred fifty dollars ($750) for each violation.
Section 3. Definitions
"Person" is any individual, partnership, co-partnership, firm, company, limited liability company,
corporation, association,joint stock company, trust, estate, political subdivision, or any other legal
entity, or their legal representatives, agents or assigns.
"Potable water" is any water used for human or domestic consumption, including, but not limited
to, water used for drinking, bathing, swimming, washing dishes, or preparing foods.
Ordinance No. 2012-17—D
Page 2
Section 4. Repealer
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed insofar as
they are in conflict with this ordinance.
Section 5. Severability
If any provision of this ordinance or its application to any person or under any circumstances is
adjudged invalid, such adjudication shall not affect the validity of the ordinance as a whole or of
any portion not adjudged invalid.
Section 6. Effective date
This ordinance shall be in full force and effect from and after its passage, approval and publication
as required by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
Da y of FJ�'V' A.D. 2012.
e � � ,
CITY CLERK
CHRIS FUNKHOUSER DIANE TEELING
JACKIE MILSCHEWSKI , LARRY KOT
CARLO COLOSIMO Y _ MARTY MUNNS
ROSE ANN SPEARS KEN KOCH
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
Jr Day of QC7'06Ek , A.D. 2012.
OR
Ordinance No. 2012-30
Page 3
EXHIBIT A
PROPOSED LIMITED GROUNDWATER ORDINANCE MAP
Ordinance No. 2012-30
Page 4
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EXHIBIT A
EXHIBIT A
LEGAL DESCRIPTION:
PARCEL ONE:
THAT PART OF THE SOUTHEAST 1/4 OF SECTION 5 AND THE NORTHEAST 1/4 OF SECTION 8,
TOWNSHIP 36 NORTH,RANGE 7,EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS
FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 8; THENCE
SOUTHERLY ALONG THE EAST LINE OF SAID SECTION 8,A DISTANCE OF 569.2 FEET TO THE
CENTER LINE OF ILLINOIS ROUTE 47; THENCE NORTHWESTERLY ALONG SAID CENTER LINE
OF ILLINOIS ROUTE 47 TO THE CENTER LINE OF ILLINOIS ROUTE 71;THENCE
SOUTHWESTERLY ALONG SAID ILLINOIS ROUTE 71 CENTER LINE,BEING A CURVED LINE
CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 7,639.49 FEET FOR AN ARC DISTANCE
OF 431.45 FEET WITH AN ASSUMED CHORD BEARING OF SOUTH 83 DEGREES 40 MINUTES 20
SECONDS WEST AND A CHORD DISTANCE OF 431.39 FEET;THENCE SOUTH 14 DEGREES 41
MINUTES 22 SECONDS EAST,A DISTANCE OF 58.33 FEET TO THE SOUTHERLY RIGHT OF WAY
LINE OF ILLINOIS ROUTE 71,FOR THE POINT OF BEGINNING;THENCE CONTINUING SOUTH
14 DEGREES 41 MINUTES 22 SECONDS EAST,A DISTANCE OF 248.92 FEET TO A POINT
LOCATED 302.84 FEET RADIALLY AND SOUTHERLY OF THE CENTER LINE OF ILLINOIS
ROUTE 71 FROM A POINT ON SAID CENTER LINE AT AN ARC DISTANCE OF 3 80.0 FEET
SOUTHWESTERLY OF SAID INTERSECTION OF ILLINOIS ROUTE 71 AND ILLINOIS ROUTE 47;
THENCE SOUTH 54 DEGREES 39 MINUTES 41 SECONDS EAST,A DISTANCE OF 200.0 FEET;
THENCE NORTH 77 DEGREES 11 MINUTES 59 SECONDS EAST,A DISTANCE OF 268.90 FEET TO
THE WESTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 47;THENCE NORTHWESTERLY
ALONG THE WESTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 47,BEING A CURVED LINE
CONCAVE TO THE NORTHEAST,HAVING A RADIUS OF 1970.08 FEET FOR AN ARC DISTANCE
OF 162.78 FEET WITH A CHORD BEARING OF NORTH 22 DEGREES 32 MINUTES 48 SECONDS
WEST,WITH A CHORD DISTANCE OF 162.73 FEET;THENCE NORTH 54 DEGREES 52 MINUTES
44 SECONDS WEST ALONG THE SOUTHWESTERLY ANGLED RIGHT OF WAY LINE BETWEEN
ILLINOIS ROUTES 47 AND 71,A DISTANCE OF 290.69 FEET TO THE SOUTHERLY RIGHT OF
WAY LINE OF ILLINOIS ROUTE 71;THENCE SOUTH 83 DEGREES 44 MINUTES 46 SECONDS
WEST ALONG THE SOUTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 71,A DISTANCE OF
189.45 FEET TO THE POINT OF BEGINNING,ALL IN KENDALL COUNTY,ILLINOIS.
PARCEL TWO:
EASEMENT FOR INGRESS AND EGRESS CREATED BY AGREEMENT RECORDED AUGUST 11,
1994 AS DOCUMENT 9408165 AND GRANTED IN DEED RECORDED AUGUST 11, 1994 AS
DOCUMENT 9408167 MADE BY SHELL OIL,COMPANY AND THOMAS AND EDITH HUGHES FOR
THE BENEFIT OF PARCEL ONE OVER THAT PART OF THE SOUTHEAST 1/4 OF SECTION 5 AND
THE NORTHEAST 1/4 OF SECTION 8,TOWNSHIP 36 NORTH,RANGE 7,EAST OF THE THIRD
PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST
CORNER OF SAID SECTION 8;THENCE SOUTHERLY ALONG THE EAST LINE OF SAID
SECTION 8,A DISTANCE OF 569.2 FEET TO THE CENTER LINE OF ILLINOIS ROUTE 47; THENCE
NORTHWESTERLY ALONG SAID CENTER LINE OF ILLINOIS ROUTE 47 TO THE CENTER LINE
OF ILLINOIS ROUTE 71;THENCE SOUTHWESTERLY ALONG SAID ILLINOIS ROUTE 71 CENTER
LINE,BEING A CURVED LINE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 7,639.49
FEET FOR AN ARC DISTANCE OF 431.45 FEET WITH AN ASSUMED CHORD BEARING OF
SOUTH 83 DEGREES 40 MINUTES 20 SECONDS WEST AND A CHORD DISTANCE OF 431.39
FEET; THENCE SOUTH 14 DEGREES 41 MINUTES 22 SECONDS EAST,A DISTANCE OF 58.33
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FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 71,FOR THE POINT OF
BEGINNING;THENCE CONTINUING SOUTH 14 DEGREES 41 MINUTES 22 SECONDS EAST,A
DISTANCE OF 248.92 FEET TO A POINT LOCATED 302.84 FEET RADIALLY AND SOUTHERLY
OF THE CENTER LINE OF ILLINOIS ROUTE 71 FROM A POINT ON SAID CENTER LINE AT AN
ARC DISTANCE OF 380.0 FEET SOUTHWESTERLY OF SAID INTERSECTION OF ILLINOIS
ROUTE 71 AND ILLINOIS ROUTE 47;THENCE SOUTH 54 DEGREES 39 MINUTES 41 SECONDS
EAST,A DISTANCE OF 200.0 FEET; THENCE NORTH 77 DEGREES 11 MINUTES 59 SECONDS
EAST,A DISTANCE OF 268.90 FEET TO THE WESTERLY RIGHT OF WAY LINE OF ILLINOIS
ROUTE 47; THENCE SOUTHEASTERLY ALONG SAID WESTERLY RIGHT OF WAY LINE,BEING
A CURVED LINE CONCAVE TO THE NORTHEAST HAVING A RADIUS 1970.08 FEET FOR AN
ARC DISTANCE OF 30.74 FEET WITH A CHORD BEARING OF SOUTH 25 DEGREES 21 MINUTES
38 SECONDS EAST AND A CHORD DISTANCE OF 30.74 FEET;THENCE SOUTH 77 DEGREES 11
MINUTES 59 SECONDS WEST,A DISTANCE OF 268.96 FEET;THENCE NORTH 54 DEGREES 39
MINUTES 41 SECONDS WEST,A DISTANCE OF 247.66 FEET;THENCE NORTH 14 DEGREES 41
MINUTES 22 SECONDS WEST,A DISTANCE OF 248.61 FEET TO THE SOUTHERLY RIGHT OF
WAY LINE OF SAID ILLINOIS ROUTE 71;THENCE NORTH 83 DEGREES 44 MINUTES 46
SECONDS EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE,A DISTANCE OF 45.49 FEET
TO THE POINT OF BEGINNING,ALL IN KENDALL COUNTY,ILLINOIS.
Tax Parcel ID No(s).05-08-227-004-0000; and 05-05-400-020-0000
Address:2001 Bridge St.,Yorkville,IL 60660-9783 116824/1277/6716
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